Mirror Co. v. . Casualty Co.

PLAINTIFF'S APPEAL. The above-entitled action was tried at February Term, 1911, of GUILFORD, and both parties appealed from the judgment therein. The plaintiff failed to docket its appeal at this term of Court, as it was required (30) to do, and the defendant moved to dismiss the appeal under Rule 17. The motion of the defendant would be granted but for the fact that plaintiff had abandoned the appeal below. Rule 17 (140 N.C. 493) provides that such a motion shall be made during the term of this Court to which the appeal is returnable, and not after said term; so that the defendant moved in…